A high profile former president Bakili Muluzi K1.7 billion case took off steadily on Thursday with the prosecution parading its principal witness Victor Banda, former deputy director of Anti Corruption Bureau (ACB).

Muluzi: Case resumes

Defense lawyer Tamando Chokotho did not waste time during the cross examination but started to punch holes in the evidence given by Banda, forcing the principal witness to exercise his right not to respond to most of the questions.

Banda conceded that the state should reduce the figure K1.7 billion saying some of the money was erroneously added to the case.

He said the money was irrelevant to the case but this did not go down well with the prosecutor Reyneck Matemba who insisted the defense was using unorthodox means to squeeze evidence from the state witness.

Matemba, who is also deputy director at ACB also battled it out with the defense in order for the court to allow evidence that shows this is not the first time that Muluzi was accused in relation to public money , referring to a campaign tool for the then ruling Malawi Congress Party in the run up to the 1994. Muluzi won the elections.

During cross examination Chokhoto took task Banda to explain the basis on which ACB used to arrest and charge Muluzi on corruption when the evidence tendered in court does not indicate that the accused had acquired the money corruptly.

For example it was learnt that on one occasion Muluzi’s account received money amounting to MK 3 million after supplying sugar to Kalaria wholesalers.

This money was said to be part of the charge. Another evidence tendered in court was Muluzi received money from a company owned by his former wife, Annie.

On this Chokhoto asked the witness if it was unusual for a wife to deposit money in an account belonging to a husband.

He also pinned the witness to prove to the court if the ACB had any evidence that the money was meant to bribe Muluzi to which the witness only said that the ACB charged Muluzi of corruption because he chose to remain silent when he was interrogated by the anti graft body.

Banda explained to the court that the objective of its investigation was simply to establish the income of Muluzi and compare it against what he was supposed to have considering his official income during the period he was head of state.

But Chokhoto quizzed the witness further to explain to the court why the investigation by the ACB ignored Muluzi’s income through his personal businesses in Ntaja Trading and Distributors and Atupele Properties which according to the defence had a turnover of over 1bn per month.

“Mr Banda are you telling this court that the first accused was a pauper and could not have any money from other sources? Will it be wrong to say that your investigations were incomplete? Are you aware that by remaining silent during the interrogation the 1st accused was only exercising his constitutional right?” lawyer Chokhotho asked.

He repeatedly asked the witness to explain to court if the ACB had any other basis to conclude that the money appearing in Muluzi accounts was acquired corruptly apart from his choice remain silent.

It was also established during cross examination that the ACB did not establish the relationship between some of the companies said to have made payments to Muluzi’s account and himself which forced the defence to question the credibility of the investigations.

On several occasions the Witness in chief admitted that no further investigations were made to establish the link between the companies and Muluzi but was quick to say that that might have been handled by other investigators from the ACB.

At the height of cross examinations presiding judge Maclean Kamwambe had to advise the witness to answer questions in a more straight forward manner because the defence’s questions were basically seeking yes or no answers.

Earlier, a witness from ministry of Information and Tourism said no money was taken away from its coffers by Muluzi as accounts show all money was intact.

The defense lawyers said some of the money used were bank transfers for his personal businesses and also interests.

The case, which resumes in the High Court on Friday, has started on a shaky note for the prosecution but Matemba said this is just a start of the case therefore conclusions must not be made.

However he conceded there are problems with witnesses and up to now he does not know where some of them are whilst other have died as well missing documents because the case has dragged on for 11 years.

Christopher,Ngwenyama,Imran Sadik,thank you guys for your comments!I have discovered that you have seen kuti a Chair is going to have a deep sleep soon!Nwo listen,once the government losess this case,then you know well we are going to make again a heavy campaign to resuscitate or kudzutsa boma lofaifa lija kuti a Malawi muyambenso kumakhala ndi makobili mmanja!Please agree or to disagree with me on this point!I salute you ku ma Court ko! watch Out, Muluzi is not old to rule Malawi again!

The case is clear, govt will not win this case because in a court winning is about having tangible evidence not hollowed evidence as given by the govt, but all in all God is living with all the truth and He is gonna reveal it on the last day!!

Its either the case was politically motivated or Muluzi is only being taken through the process of clearing his name by his DPP friends because he is a close friend to this illegitimate government. I suspect some papers of evidence that have been reported missing in this case were deliberately mishandled because for a case to be admitted at the high court there should be some preliminary evidence to satisfy the judge otherwise the judge throws away a case without a good evidence.

I strongly believe that the father and founder, Atate Ngawzi Kamuzu Banda( may his soul rest in eternal peace)was the only strongest one who new how to fight CORRUPTION.Though I was foung then, but when He saw that someone(worker)is living a life style above his income, he/she was being checked before it is too lae to determine where they were enriching themselves from. Malawians “Wake Up!” where are all these people who are building big mansions getting their money from.??? Was it not a fact that the Public Service was the least paid than the Private Sector??? But alas! look… Read more »